By examining the relationship between international law and empire from early modernity to the present, this volume improves current understandings of the way international legal institutions, practices, and narratives have shaped imperial ideas about and structures of world governance.
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
Empire’s Tracks boldly reframes the history of the transcontinental railroad from the perspectives of the Cheyenne, Lakota, and Pawnee Native American tribes, and the Chinese migrants who toiled on its path. In this meticulously researched book, Manu Karuka situates the railroad within the violent global histories of colonialism and capitalism. Through an examination of legislative, military, and business records, Karuka deftly explains the imperial foundations of U.S. political economy. Tracing the shared paths of Indigenous and Asian American histories, this multisited interdisciplinary study connects military occupation to exclusionary border policies, a linked chain spanning the heart of U.S. imperialism. This highly original and beautifully wrought book unveils how the transcontinental railroad laid the tracks of the U.S. Empire.
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come. Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
Before international relations in the West, there were Christian-infidel relations. Infidels and Empires in a New World Order decenters the dominant story of international relations beginning with Westphalia in 1648 by looking a century earlier to the Spanish imperial debate at Valladolid addressing the conversion of native peoples of the Americas. In addition to telling this crucial yet overlooked story from the colonial margins of Western Europe, this book examines the Anglo-Iberian Atlantic to consider how the ambivalent status of the infidel other under natural law and the law of nations culminating at Valladolid shaped subsequent international relations in explicit but mostly obscure ways. From Hernán Cortés to Samuel Purchas, and Bartolomé de las Casas to New England Puritans, a host of unconventional colonial figures enter into conversation with Francisco de Vitoria, Hugo Grotius, and John Locke to reveal astonishing religious continuities and dissonances in early modern international legal thought with important implications for contemporary global society.
Embark on a journey through time with 'The History of Empires: Rise and Fall of Great Powers,' a comprehensive exploration of the world’s most influential empires. From the ancient civilizations of Mesopotamia and Egypt to the sprawling dominions of Rome and Byzantium, and onto the more recent British and French colonial empires, this book delves into the origins, zeniths, and eventual declines of history's most powerful realms. Each chapter examines the unique political, economic, cultural, and military aspects that contributed to the rise and fall of these great powers. Rich with detailed case studies and insightful analysis, this book offers invaluable lessons on the cyclical nature of empires, their lasting legacies, and their profound impact on the modern world. Perfect for history enthusiasts, scholars, and anyone interested in the grand narratives of human civilization, this book provides a deeper understanding of the forces that have shaped our world.
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
This thought-provoking and original collection looks at how intellectuals and their disciplines have been shaped, halted and advanced by the rise and fall of empires. It illuminates how ideas did not just reflect but also moulded global order and disorder by informing public policies and discourse. Ranging from early modern European empires to debates about recent American hegemony, Empire and the Social Sciences shows that world history cannot be separated from the empires that made it, and reveals the many ways in which social scientists constructed empires as we know them. Taking a truly global approach from China and Japan to modern America, the contributors collectively tackle a long durée of the modern world from the Enlightenment to the present day. Linking together specific moments of world history it also puts global history at the centre of a debate about globalization of the social sciences. It thus crosses and integrates several disciplines and offers graduate students, scholars and faculty an approach that intersects fields, crosses regions and maps a history of global social sciences.
The Politics of Aristocratic Empires is a study of a political order that prevailed throughout much of the world for many centuries without any major social conflict or change and with hardly any government in the modern sense. Although previously ignored by political science, powerful remnants of this old order still persist in modern politics. The historical literature on aristocratic empires typically is descriptive and treats each empire as unique. By contrast, this work adopts an analytical, explanatory, and comparative approach and clearly distinguishes aristocratic empires from both primitive and more modern, commercialized societies. It develops generalizations that are supported and richly illustrated by data from many empires and demonstrates that a pattern of politics prevailed across time, space, and cultures from ancient Egypt five millennia ago to Saudi Arabia five decades ago, from China and Japan to Europe, from the Incas and the Aztecs to the Tutsi. Kautsky argues that aristocrats, because they live off the labor of peasants, must perform the primary governmental functions of taxation and warfare. Their performance is linked to particular values and beliefs, and both functions and ideologies in turn condition the stakes, the forms, and the arenas of intra-aristocratic conflict the politics of the aristocracy. The author also analyzes the roles of the peasantry and the townspeople in aristocratic politics and shows that peasant revolts on any large scale occur only after commercial modernization. He concludes with chapters on the modernization of aristocratic empires and on the importance in modern politics of institutional and ideological remnants of the old aristocratic order.
Introduction: borderless societies -- The borderland -- Political conflicts -- Rebels and runaways -- The centrality of smuggling -- The web of debt -- Borderless businessmen -- Conclusion: the shape of empire.